Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Stage payments

  • 22 Jun 2001

    DAH SENG DECORATION PROPERTY AGENCY LTD. v. SZE KIE SET AND ANOTHER

    Citation
    DAH SENG DECORATION PROPERTY AGENCY LTD. v. SZE KIE SET AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV1074/2000

    The Court held the plaintiff would have been entitled to judgment for the interim 40% payment on the pleaded case before the re-amendment; exercising its discretion under Ord.62 r.3(2) the Court varied the costs order to reflect prejudice and conduct by ordering the 1st Defendant to pay 50% of the plaintiff's costs of the action, the Defendants to pay 50% of the plaintiff's costs of the counterclaim, directed taxation on the District Court scale, confirmed interest on the judgment accrues from 6 May 1998, and made an order nisi that the plaintiff pay 60% of the defendants' costs of the appeal.

  • 22 Jul 1994

    CHOY BING WING v. THE HONG KONG & SHANGHAI HOTELS, LTD.

    Citation
    CHOY BING WING v. THE HONG KONG & SHANGHAI HOTELS, LTD.
    Court
    Court of First Instance
    Case number
    HCCT8/1992

    No oral agreement of 25 July 1990 to pay on an hourly basis was proven; the October 1987 Agreement remained effective for stage payments reached before termination, so Plaintiff is entitled to the 20% stage payment on approval of structural plans and the 7.5% stage payment on issue of Occupation Permit, calculated on the higher of the original HK$320,000,000 estimate or the prevailing design's total construction costs at termination; survey fees for Activity F are limited by agreed caps; quantification is to be referred to a Master.